Based
on information provided by a whistleblower and the SEC’s further investigation, it has
been revealed that Morakot has displayed behaviors indicative of conducting
securities business in the capacities of an investment consultant and private
fund manager without obtaining the necessary license. In this context, he
sought public engagement regarding the value of securities and the suitability
of investments associated with securities, as well as the management of
individuals' investments to seek benefits from securities. These activities
were carried out through social media platforms, i.e., Clubhouse, Line, and
Facebook, each having a substantial user base. Morakot adopted a normal business
approach and received fees or other forms of compensation.
His actions above are liable to be an undertaking
of securities business without having obtained a license under Section 90 and
subject to penalties under Section 289 of the Securities
and Exchange act B.E. 2535 (1992), namely an
imprisonment for a term of two to five years and a fine from 200,000 baht to
500,000 baht and a further fine not exceeding 10,000 baht for every day during
which the contravention continues. The SEC has therefore filed the criminal
complaint against Morakot with the ECD. Those affected by his actions above
should notify the ECD of further information via phone: 02-191-9191,
ext. 4000, for further investigation
and legal proceedings.
In any
case, filing the criminal complaint is merely the commencement of the criminal
procedure whereby the inquiry official will perform an investigation before
recommending the case to the public attorney who has authority for prosecution.
The power to adjudicate whether any person is guilty or not is, however, vested
on the court of justice. In this regard, the SEC will monitor the progress of
the ongoing legal proceedings and collaborate fully with relevant agencies in
subsequent processes after the filing of the criminal complaint to support law
enforcement under the Securities and Exchange Act.
The SEC
strongly urges persons interested in investing in securities to exercise
discretion and make investments only with business operators who have obtained
a license or approval properly. The SEC lists of licensed and approved persons
are available at www.sec.or.th and SEC Check First application. Also, the Investor
Alert List of entities operating business outside the scope of supervision of
the SEC is available at https://market.sec.or.th/public/idisc/th/InvestorAlert. For inquiries or reports of leads or suspicious
acts, please contact SEC Complaint Center at Hotline 1207
or the official SEC Facebook Page or SEC Live Chat at the SEC website for
further investigation.